Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Non-payment - Imprisonment in default of payment - Award of one months imprisonment for default in payment of maintenance for 16 months - Court has no jurisdiction to enhance the sentence from one month to 11 months in the same proceedings...........
Criminal Procedure Code, 1973, Section 354, Constitution of India, 1950, Article 137, Indian Penal Code, 1860, Section 304A -- Reduction of sentence - Principle of parity - Uphaar Cinema Tragedy - In the instant case, appellants, licensee and person actually running cinema and all are equally responsible for tragedy - However, sentence of licensee reduced to period already..........
Indian Penal Code, 1860, Section 63 -- Sentence of fine - S.63 IPC does not prescribe any limit but sentence should not be excessive with regard to gravity of offence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 500 gms charas - Reduction of sentence - Accused already undergone about 8 months of incarceration for possession of 500 gms of charas - As per sentence awarded to accused, he would have completed 10 years in the year 2005 if he remained confined in jail for the said period - Sentence of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 500 gms charas - Reduction of sentence - Accused already undergone about 8 months of incarceration for possession of 500 gms of charas - He was arrested in 1995 and he would have completed 10 years in 2005 if he remained confined in jail for the said period - Keeping in view the beneficial..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Right of private defence - Accused reasonably apprehended danger to his life when deceased `S' and his brothers started strangulating him after pushing him to floor - Shooting took place in a sudden fight in a heat of passion - Though accused exceeded his power of self defence but exercise of right was in..........
Indian Penal Code, 1860, Section 302, 324, 325, 149, 34 -- Murder - Unlawful assembly - Common object - Accused allegedly formed an unlawful assembly, armed with weapons attacked the complainant and caused injuries to others who came to his rescue - Attack made by accused does not show that there was common object of murder amongst the accused - No previous enmity between..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b), 29, 31 -- Contraband - Enhanced sentence - Accused convicted second time for the same offence - He was 65 years of age and suffering from various ailments - It is not a case where maximum punishment and thereafter multiplier of one and one-half times applied, as awarded by High Court - Held, keeping..........
Constitution of India, 1950, Article 226 -- Dependent family Pension - Claim - Swatantrata Sainik Samman Pension Scheme - Eligibility - As per evidence on record, Central Government clearly pointed out that appellant does not meet eligibility criteria of either being underground within meaning of Scheme for more than 6 months or undergoing sentence for more than 6 months..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) - Quantum of sentence - Accused a poor man having no bad antecedents - He had no intention to kill his wife and only in a quarrel out of provocation he attacked his wife with a vegetable cutter - Held, taking into account the mitigating and aggravating circumstances, sentence of accused modified from..........
